ILLINOIS POLLUTION CONTROL BOARD
December
2,
1982
JOHN F.
BURNS,
)
Complainant,
)
V.
)
PCB 80—31
VILLAGE OF WESTERN SPRINGS,
)
Respondent.
ORDER OF THE BOARD
(by J.
D.
Dumelle):
On November 12, 1982 John F.
Burns
filed what the Board
construes as
a motion for hearing.
Enclosed with that motion
is
a copy of Villag~eof Western Sprin~sv.PCB and John
F~~_~urns,
No.
81—117
(1st Dist., 2nd Div.,
August 10,
1982).
While there
is no proof of service upon Western Springs, Western Springs has
indicated that
it has no objection
to the motion.
The Board entered its Opinion and Order
in this matter on
February 19, 1981
(40 PCB 495)
finding Western Springs in vio-
lation of Section 12(a) of the Environmental Protection Act and
ordering Western Springs to cease and desist.
That order was
readopted on April
16, 1981
(41 PCB 243) and stayed on May 28,
1981
(41 PCB 471) pending final judicial review.
The Board’s
order was affirmed by the First District Appellate Court on
March
30,
1982.
However, Western Springs moved to supplement
the record before the appellate court and while that motion was
denied,
the court ordered further hearings before the Board.
In conformity with that order,
the Board hereby orders
further hearings on evidence discovered by Western Springs
subsequent to October 21,
1980 respecting the economic feasi-
bility of the pollution abatement with Western Springs bearing
the burden of persuasion.
Further, on its own motion the Board
extends the stay of its Order which was granted May
28,
1981.
until the Board issues a final order in this matter.
IT IS SO ORDERED.
Board Member J.
Anderson abstained.
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Bo~rd,hereb,y certify that the above Order was adopted
on
the
~1’~
day of
\L~:
,
1982 by a vote of
&.
/
I.
I’
~
I
Christan L. Mo~fett,C~e~~
Illinois Pollutioi~Control Board
50-29